But ignores Heller 2008 and McDonald 2010 which both, for a long time, have ruled that this word argument is complete nonsense. That regardless of what you want to believe, 2A is an individual right.

Heller v DC - It's an individual right to own a firearm. You can't ban handguns or anything else just because you say so.

McDonald v Chicago - You can't just not issue permits to carry. 2A includes the right to carry outside the home.

NYPRA v Bruen - You can't say you MIGHT issue a permit, you will if they meet the legal requirements established by your state.

Please stop with the intellectually void argument that 2A is how you see it because you think the first few words invalidate "the right of the people to keep and bear arms shall not be infringed".

It's weak, and more importantly, it's over. It has been nail in the coffin settled for 12 years now.

The court's analysis that 'keep and bear arms' implies an individual right to carry a handgun (or a weapon 'in common use') for self defense purposes is exactly the kind of drawing of 'legislative-style' boundaries that the court railed against in today's ruling overturning Roe and Casey.

Can you point to a scotus case that has clarified or determined the text of the abortion amendment?

Basically, if the court had been told (i.e. someone had actually been present to argue, which your attorney won't do if you disappear and stuff) that an NFA weapon was of the kind used by the militia/military it should've come out differently. The court said:

"The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon."

Judicial notice is messy but given it was a criminal case, with a right to argue about everything that might be used to convict, a competent lawyer - hell, even an incompetent lawyer - should have challenged everything, and by that time "trench guns" from WW1 would have certainly, easily been identifiable as the kind of weapon suitable for militia use.

So whatever it is you are talking about does not apply like it does to CA, NY, NJ, HI, MD, and others being MAY ISSUE states.

In TN now, you need no permission to concealed carry, so unless prohibited by other laws or statutes anyone is free to do so, regardless of religion or what the local police think your rights should be.

IIRC, you need private gun ownership to have a militia (as the founders understood them). I believe the idea was regular citizens would organize when needed and bring their own guns.

Lots of ways to wring hands about a very badly written amendment.

>The Second Amendment is naturally divided into two parts: its prefatory clause (A well regulated Militia, being necessary to the security of a free State) and its operative clause (the right of the people to keep and bear Arms shall not be infringed).

Here's the first Google result for your entertainment:

You Can Purchase a Fully Functional Army Tank Online Because This Is America

https://www.complex.com/pop-culture/2015/09/armslist-sells-f...

I'm aware and my point was explicitly about being able to drive them around wherever I like, under the guise of it being the rough equivalent of concealed carry for an MLRS.

You can't; there's restrictions. At the minimum, it's likely that people would argue they're heavy and would harm infrastructure (or outright destroy it in the case of some tanks).

Separately, explosives are also tightly controlled, but are still a key part of armaments.

The government owns the roads, ergo can sidestep a lot of the what might otherwise be mandated under strict scrutiny for their usage with rational basis tests. E.g., "the roads are rated for <x> class of vehicles, and a tank is <y> class."

But you're wrong, while I couldn't drive my tank around, I could certainly load it onto a tractor trailor and show it off around town. I would argue that's functionally the same thing.

A multi rocket system, is not a gun. It's ordnance. So this argument is weak and I don't need to extend into that except for.... ALSO LEGAL. Again, you are going to need to follow the rules of the NFA, and ATF's explosives requirements. The larger issue will be to get Lockhead Martin to sell you one! Which they will not. But you come up with the cash for 1000 of them, and I bet they do.

Explosives are regulated because they have no defensive purpose. I mean, they do, but it's tough to use them defensively and accurately. If you cite Heller vs DC, they are dangerous AND unusual, key point to use "AND" there.

Arms do actually mean arms. Arms meant cannons too. But bombs were never really arms.

The line in this case is drawn rather inconsistently by the federal government agencies, and more fairly but even increasingly restrictive by congress.

Any other questions?

Legally, how is:

> You can purchase a tank but not operate it anywhere off your own property.

functionally different than:

> You can purchase a handgun but may not carry it concealed on your person off your own property.

Emphasis on Legally. In both cases these are allowed weapons for people to own, which, while not exact parallels (Tanks can cause infrastructure damage and such) at their core seem very similar from a legal perspective, especially because of the NFA requirement for tanks. That latter is important to consider because the NFA largely deals with guns of varying sorts in its rules.

Also context: I'm an ignorant Canuck who occasionally lives stateside.

There is no NFA requirement for the tank itself. Only for the cannon, and the ammunition if it has an explosive payload. The tank is just a vehicle. If you can make it street legal, you are free to drive it anywhere you like.

The more interesting thing you bring up inadvertently is "on your own property". If that's the case, I should be able to own all the machine guns I like without NFA stamps on my own property right?

The NFA is an unconstitutional law that sought to put a tax on rights. Then extra double unconstitutional when in 1986 they said "Oh, we longer accept the tax for certain still legal things". We specifically deny behavior that elsewhere, like voting. All handguns were supposed to be included, and all rifles with barrels shorter than 18". 18" stuck for shotguns, but rifles were moved to 16" for silly reason I can't recall exactly. Pistols got dropped because even in 1934 the public reaction wasn't going to fly.

It doesn't matter though. The point of all of this is 2A is an individual right, enumerated, and verified with previous and recent court decisions. Abortion is not, so people using the BUT STATES RIGHTS comments about the NYRPA decision vs Roe overturn are being completely ignorant of the realities here.

It's very silly to compare them.

Since you seem to know a lot about "arms," is a sword an "arm?"

> functionally different than:

I believe you can take your tank off your property, assuming you went to the DMV and got license plates and a VIN number for it.

Knives and swords are arms, yes. This was most recently seen in states that tried to ban switchblades outright. Switchblades are pretty poor fighting knives, but have the same public reaction fueled by media as pitbulls.

I talked with a lobbyist responsible for the switchblade deregulation in my state. After her research it came to "What makes a weapon will always be up to the judge, but the easy test is can you swing it?". Which is fair I think. That said... I also trained with my state's swat unit for a class and they talked about their justification for getting their gun out according to dept policy being "Any time a weapon is involved", which can mean gun, knife, sword, folding chair, sharp pencil or really big box of hot dogs depending on intent.

You're right about the tank. So long as you have the right markers, mirrors, vision, licensing, etc. You're good to go. Although you won't enjoy it as a daily driver after the initial buzz wears off.

Unclear on explosives.

As far as "arms," the line is drawn at being able to be operated by a single person. So it would appear unconstitutional to prohibit keeping and bearing cannons and tactical nukes, though Congress can prohibit sale and interstate transfer.

"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban amounts to a prohibition of an entire class of “arms” that is overwhelmingly chosen by American society for that lawful purpose.

The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights, banning from the home “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family,”, would fail constitutional muster."

If people had commonly used cannons to protect their homes, maybe tanks would be protected under the 2nd Amendment by their logic.

Edit: to pull context from another comment here.

"The 'militia' was the entire adult male citizenry, who were not simply allowed to keep their own arms, but affirmatively required to do so.… With slight variations, the different colonies imposed a duty to keep arms and to muster occasionally for drill upon virtually every able-bodied white man between the age of majority and a designated cut-off age. Moreover, the duty to keep arms applied to every household, not just to those containing persons subject to militia service. Thus the over-aged and seamen, who were exempt from militia service, were required to keep arms for law enforcement and for the defense of their homes."

This issue is that the States became lazy once the Feds got their standing military. All States should require citizens to muster for arms and disaster training at least twice a year.

https://www.law.cornell.edu/uscode/text/10/246

You can argue that the previous decision was wrong all you want (I personally think it was), but you can't allow the states to just ignore the supreme court and do whatever they want or all constitutional protections are meaningless.

I mean it obviously can, as the law at issue in Dobbs did that, and it was allowed.

It's effectively saying 'the existence of state laws that attempt to restrict a right, even ones which have been rule unconstitutional, is itself evidence that it's okay for states to impose restrictions on constitutional rights.'

Which seems like a very odd argument to make the day after striking down a 100 year old NY State law restricting gun carry rights on the basis that there's no evidence of a long tradition of such restrictions being passed by states.

tl;dr we have a really dogshit system that essentially puts 9 people in charge of everything

It's not a stretch. They are literally "on a whim law makers." They decide what issues they want to take up and change the way they interpret the constitution depending on how they want to rule on an issue. In theory, they could be held in check by congress, but in practice that is impossible. Especially since the justice's are political weapons of congress. There's a reason the supreme court nominations have been huge campaign points for the last few elections. They have basically unchecked power.

> The constitution still somehow works in the U.S, and supreme judges doing a great job at keeping it honored.

We'll just have to agree to disagree. They choose how they want to interpret it depending on how they want to rule. There's no consistency and it's frankly a disgrace. Has been for a while too, this isn't something new to this current court.

If the supreme court cannot respect precedent or at least provide a very good reason why precedent should be overruled, then what we have is a country ruled by a set of god kings with zero accountability. When faith in the system crumbles as a result of extreme partisan decision making, what you get is balkanization.

Pages 47 through 74 of the court's decision, https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf, provide their reasons for why precedent should be overruled.

Yet what we recently learned is what the supreme court decides is of little consequence. It's just the temporary whim of whatever political party happens to be in power. In 10, 20 or whatever years it takes to get a liberal court back, then roe v wade comes back and the court reinterprets a "well regulated militia" to mean, ah, a "well regulated militia".

First of all, what do you think a militia even is? It is a group of CITIZENS that form an ad-hoc fighting force.

Secondly, the amendment says "the right of the PEOPLE to keep and bear arms".

It doesn't say "the right of the military". It doesn't say "the right of the militia". And it doesn't say "the right of peace officers."

When the Declaration of Independence was drafted, "We the People" did not mean "military".

Thirdly, the Bill of Rights explicitly grants rights to people, NOT the government and NOT the military. Yet somehow, conveniently, that is different for the 2A?

You might not like the 2A, but the meaning is clear and supported by history. This "well-regulated militia" nonsense is the climate-change-denial of the 2A.

I'm always surprised by how few people realize that the SCOTUS doesn't make laws for states. I'm also surprised at how deeply convinced the notion of "the federal government and SCOTUS supersede state laws" is ingrained into our culture.

The SCOTUS only provides opinions and jurisprudence on matters. They don't "make laws" and can't command anything with any sort of enforceable power. Abortion could have been abolished yesterday, last month or even last decade if any state wanted it to.

Any state level Supreme Court can run contrary to the judgements of the SCOTUS without having to fear enforceable retribution. We've seen this recently with the case of interstate "travel bans" during COVID, "Sanctuary Cities" during Trump's first couple months of presidency and the spotty legalization of marijuana in certain states.

"The 'militia' was the entire adult male citizenry, who were not simply allowed to keep their own arms, but affirmatively required to do so.… With slight variations, the different colonies imposed a duty to keep arms and to muster occasionally for drill upon virtually every able-bodied white man between the age of majority and a designated cut-off age. Moreover, the duty to keep arms applied to every household, not just to those containing persons subject to militia service. Thus the over-aged and seamen, who were exempt from militia service, were required to keep arms for law enforcement and for the defense of their homes."

This issue is that the States became lazy once the Feds got their standing military. All States should require citizens to muster for arms and disaster training at least twice a year.

Or how about, since we banded together in order to create a more perfect union, and so that I, as a citizen, can focus my time on pursuing happiness, rather than mustering every six months, we agree, through our democratically elected representatives, to just pay some money into a kitty and out of that fund a professional police force, fire department, and a state national guard. That way we get sufficient people trained in the use of arms to secure our liberty, and we don't have to act like we're a bunch of 18th century farmers any more.

Also, we've seen all the institutions you mention collapse in the face of disaster. It would be far better for the citizens to be responsible for themselves in a collation with larger bodies than be dependent upon those larger organizations. For example, in Florida it makes sense to have the community trained on preparation and local response. People need to know what to materials to gather and what is already stockpiled locally. In the face of a hurricane, the community guard, i.e. the people, would be responsible for triaging the situation until reinforcements arrive. As it stands, the people huddle together en-mass hoping that the Federal government, or even the State will come to their rescue.